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| BJP-PDP coalition in a fix as full bench asks it to review the law | | Beef ban: HC order no breather for Govt | | Peerzada Ummer
Early Times Report
Srinagar, Oct 17: Contrary to the general perception that recent High Court judgement over the beef ban has come as a breather for the state government, the court order has, in fact, put the BJP-PDP coalition in tight spot.
First, the High Court full bench's order in Srinagar on Friday has termed the law on beef ban as "dead and fossil", asking the government to consider the issues raised in the petitions for and against the ban and take appropriate steps in accordance with the law.
It remains to be seen whether the coalition government will declare the law on beef as dead and fossil. And if yes, then what will be its measures to uphold the sentiments of the religious communities in Jammu and Kashmir.
The full bench has also said in its order that the state shall have to consider reviewing of existing laws and take policy decision within the framework of constitution and ensure that no inter-religious conflict takes place amongst the people.
Referring to 298 A to D, court termed these laws as "dead and fossil laws" and said some laws with passage of time lose their sheen and are dead laws, which are rendered incapable to enforcement. "Some laws owe their existence to will of an autocratic king while some are created to achieve a definite purpose or to serve the ends of an autocratic monarch. However, after constitution coming into force, these laws become obsolete and redundant," it observed.
The bench further observed that after independence all the laws are being made in accordance with provisions of constitution. "The legislation laws which create wedge between different sections of society and has the potential of disturbing the peace in society may not be a just and valid law. Such a statue or provisions of the statue even if in existence cannot be given effect to, for securing the larger interests of the society".
The court further said some laws violate the guaranteed constitutional right of large section of society, or have become dead laws, or have not been consciously enforced by executive wing of the state for a considerable period of time, they would call for fresh look and consideration by the executive and legislative wing of the state.
Now, when the court has thrown the ball in the government's court, it has put the entire dispensation in a fix.
"The High Court order has declared the law as obsolete and has asked the government to take a fresh look over it. It is indeed the most difficult situation and we are caught between the devil and the deep sea," said a PDP leader.
A law officer said while pleading for anonymity that the order by the full bench is going to create more friction between the PDP and the BJP. "It is the most difficult situation wherein subtlety of the matter has to be taken into account before one could comment on it," he said. Interestingly, there has been no reaction from any minister or a BJP/PDP leader, as both parties have realized dangerous ramifications if the law is touched or declared dead and fossil. |
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